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When it comes to construction contracts, disputes are almost inevitable. However, if tensions are left to fester, conflict can escalate all the way to the courtroom. It should be noted that litigation as a means of resolving disputes is expensive, time-consuming and generally unsatisfactory. This is because contract disputes are often technical rather than legal in nature and the courts are ill-equipped to deal with th...

When a conflict arises over a building contract, there are many routes to resolving the impasse. One of the most effective methods, and the means perhaps most favoured by users of the Joint Building Contracts Committee (JBCC) contract, is arbitration.

What does arbitration involve?

Arbitration is a process whereby the parties involved in a building contract agree to refer any present or future dispute to the judgment of a mutually agreed third party. This person, called an arbitrator, is usual...

When a dispute arises over a building contract, there are four courses of action that can be taken to have it resolved. These include mediation, independent expert determination, arbitration and litigation. The JBCC (Joint Building Contracts Committee) contracts are the most widely used in South Africa and they make provision for all four. This month we take a look at the one of the simplest options – mediation.

What does mediation involve?

Mediation is a...